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Touro Law Review

Due process

Civil Rights and Discrimination

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Mental Health In Prison: The Unintended But Catastrophic Effects Of Deinstitutionalization, Felicia Mulholland Jan 2024

Mental Health In Prison: The Unintended But Catastrophic Effects Of Deinstitutionalization, Felicia Mulholland

Touro Law Review

Prisons and jails are not adequately equipped to manage the ever-growing population of mentally ill inmates. Despite deinstitutionalization efforts, prisons have steadily become the new psychiatric hospitals and unfortunately, because of the lack of treatment and the ability to properly supervise this population of inmates, these individuals are dying by their own hands at an alarming rate. This Note argues that the lack of proper care for mentally ill inmates is a violation of their constitutional right, despite their incarcerated status. The Department of Corrections and Community Supervision (DOCCS) should incorporate more concrete and universal rules and regulations for the …


Mental Hygiene Law Article 81 Proceedings In New York State And The Associated Deprivation Of One’S Civil Rights And Autonomy: Are We Really Helping?, Giulia R. Marino Jan 2024

Mental Hygiene Law Article 81 Proceedings In New York State And The Associated Deprivation Of One’S Civil Rights And Autonomy: Are We Really Helping?, Giulia R. Marino

Touro Law Review

New York State Mental Hygiene Law Article 81 affords a population that is vulnerable to abuse and exploitation an opportunity to have their personal and/or property management needs met by the least restrictive means available, often entailing a severe deprivation of their rights.1 But what is meant by the term “least restrictive means available,” how is this determined, and how are these “means” implemented and monitored? Is this deprivation of an individual’s rights the only way they can be helped, or is this unnecessarily harmful? Are there other ways to protect the vulnerable in our society without taking away these …


Reflections On Nomos: Paideic Communities And Same Sex Weddings, Marie A. Failinger Jan 2022

Reflections On Nomos: Paideic Communities And Same Sex Weddings, Marie A. Failinger

Touro Law Review

Robert Cover’s Nomos and Narrative is an instructive tale for the constitutional battle over whether religious wedding vendors must be required to serve same-sex couples. He helps us see how contending communities’ deep narratives of martyrdom and obedience to the values of their paideic communities can be silenced by the imperial community’s insistence on choosing one community’s story over another community’s in adjudication. The wedding vendor cases call for an alternative to jurispathic violence, for a constitutionally redemptive response that prizes a nomos of inclusion and respect for difference.


This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel Jan 2022

This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel

Touro Law Review

A boy with Autism comes home from school, visibly upset. His parents ask him why, and he responds that nobody in his class likes him. To his parents’ horror, they learn that their son’s teacher encouraged a class discussion about why they dislike their son. When the boy’s parents complain to the school about this issue, school administrators brush it aside. The next day, students sitting near the boy move their desks away from him and taunt him for the way he acts every time he tries to socialize with them. The boy then refuses to go to school each …


Due Process Supreme Court Rockland County Jul 2019

Due Process Supreme Court Rockland County

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Second Department Jul 2019

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Jul 2019

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.


Due Process Pringle V. Wolfe (Decided 28, 1996) Jul 2019

Due Process Pringle V. Wolfe (Decided 28, 1996)

Touro Law Review

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky Apr 2016

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz Dec 2014

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.


Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris Nov 2014

Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris

Touro Law Review

No abstract provided.


Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin Nov 2014

Supreme Court, Tompkins County, Seymour V. Holcomb, Jessica Goodwin

Touro Law Review

No abstract provided.


The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf May 2014

The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf

Touro Law Review

This article examines the constitutional status of suspicionless searches and seizures of groups- an exceedingly important question in the age of terror, and a subject recently brought back to the forefront by the searches of subway passengers in New York City. It draws on process theory to argue that when a legislature has authorized a group search or seizure, courts should generally apply rational basis review.

First, other areas of constitutional doctrine exhibit deep trust in the power of groups to protect their interests in political process, and there is no reason why fourth amendment doctrine should not do the …


Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole May 2013

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.


Special Populations: Mobilization For Change Apr 2013

Special Populations: Mobilization For Change

Touro Law Review

This Article is based on a transcript of a break-out discussion which took place at An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State, held at Touro Law Center, Central Islip, New York, in March 2008. The discussion was moderated by Karen L. Nicolson, Michael Williams, and Toby Golick.

This Article assesses the needs of various special populations and the possible strategies and solutions to create change through enacting a civil right to counsel. The Article is intended to capture information and viewpoints of the people who participated in the break-out discussion …


Gideon Meets Goldberg: The Case For A Qualified Right To Counsel In Welfare Hearings, Stephen Loffredo, Don Friedman Apr 2013

Gideon Meets Goldberg: The Case For A Qualified Right To Counsel In Welfare Hearings, Stephen Loffredo, Don Friedman

Touro Law Review

In Goldberg v. Kelly, the Supreme Court held that welfare recipients have a right under the Due Process Clause to notice and a meaningful opportunity to be heard before the state may terminate assistance. However, the Court stopped short of holding due process requires states to appoint counsel to represent claimants at these constitutionally mandated hearings. As a result, in the vast majority of administrative hearings involving welfare benefits, claimants- desperately poor, and often with little formal education- must appear pro se while trained advocates represent the government. Drawing on the theory of underenforced constitutional norms, first articulated by Dean …


Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia Apr 2013

Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia

Touro Law Review

This Article provides an overview of the current arguments presented by advocates who seek to establish a right to counsel for indigent tenants in eviction proceedings and assesses the strength of those arguments in the current political, social, and economic milieu. It is beyond question that the overwhelming majority of low-income tenants are unrepresented in proceedings in which their homes are in jeopardy and having counsel in such proceedings often prevents eviction and homelessness. Preventing those evictions reduces the human cost of homelessness, saves government substantial money by not having to provide shelter to the homeless, and preserves the stock …


Keynote Address: The Evolution And Importance Of Creating A Civil Right To Counsel, Wade Henderson Apr 2013

Keynote Address: The Evolution And Importance Of Creating A Civil Right To Counsel, Wade Henderson

Touro Law Review

No abstract provided.


Advocating For A Civil Right To Counsel In New York State, Kathryn G. Madigan Apr 2013

Advocating For A Civil Right To Counsel In New York State, Kathryn G. Madigan

Touro Law Review

No abstract provided.


Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron Jan 2013

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron

Touro Law Review

This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.


Section 1983 Cases In The October 2004 Term, Martin A. Schwartz Jan 2006

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn Jan 1995

Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn

Touro Law Review

No abstract provided.


What's Happening With Respect To The Second Circuit, Hon. George C. Pratt Jan 1995

What's Happening With Respect To The Second Circuit, Hon. George C. Pratt

Touro Law Review

No abstract provided.


Puntive Damages -- Developments In Section 1983 Cases, Martin A. Schwartz, Eileen Kaufman Jan 1994

Puntive Damages -- Developments In Section 1983 Cases, Martin A. Schwartz, Eileen Kaufman

Touro Law Review

No abstract provided.


There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham Jan 1993

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.


Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman Jan 1989

Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman

Touro Law Review

No abstract provided.